Panel rejects labeling sexual predators

By JEREMY ALFORDCourier Capitol Correspondent

Published: Friday, May 19, 2006 at 6:01 a.m.

Last Modified: Friday, May 19, 2006 at 12:54 p.m.

BATON ROUGE -- Even if a person is sexually motivated to commit a crime doesnít mean the courts should have the authority to convict the person as a sexual predator, a legislative panel ruled Thursday after hearing a bill by a local lawmaker.

House Bill 1113 by Rep. Damon Baldone, D-Houma, would allow judges to decide whether certain felony offenders, while not convicted of sex offenses, should have to register with their communities and notify neighbors of their presence.

"This is only if they commit the crime for sexual purposes or sexual gratification," Baldone told the House Criminal Justice Committee. "They would have to register as a sexual predator even if they didnít commit a sexual crime."

The concept came about as an idea by Lafourche Parish Sheriff Craig Webre, who shared with legislators the story of the "ponytail bandit" earlier this month. Itís a true-crime tale about a man who kidnapped girls and women, dragged them into cemeteries and cut off their hair -- sometimes sexually assaulting them.

When the man made his way to Lafourche, Webre said, he carried out his basic crime but did not sexually assault anyone.

"He slipped through a loophole in the sexual-registration law," Webre testified when he was in Baton Rouge during the billís first hearing.

Baldone said the bandit could have been caught earlier if he was registered.

Rep. Danny Martiny, R-Kenner, said aside from the matter being unconstitutional, the law would give judges too much discretion and, in theory, each bench could rule differently on the same case.

The lobbyist for the American Civil Liberties Union agreed with the interpretation.

But Baldone did not.

He pointed out that California has had the exact same law on the books for 15 years and the Louisiana Attorney Generalís Office couldnít find one relevant case that "had beat it constitutionally."

Nonetheless, the committee rejected the legislation by a vote of 4-6.

Unless Baldone can come up with a set of amendments that offer up a compromise, the bill is likely dead for the session.

<p>BATON ROUGE -- Even if a person is sexually motivated to commit a crime doesn’t mean the courts should have the authority to convict the person as a sexual predator, a legislative panel ruled Thursday after hearing a bill by a local lawmaker.</p><p>House Bill 1113 by Rep. Damon Baldone, D-Houma, would allow judges to decide whether certain felony offenders, while not convicted of sex offenses, should have to register with their communities and notify neighbors of their presence.</p><p>"This is only if they commit the crime for sexual purposes or sexual gratification," Baldone told the House Criminal Justice Committee. "They would have to register as a sexual predator even if they didn’t commit a sexual crime."</p><p>The concept came about as an idea by Lafourche Parish Sheriff Craig Webre, who shared with legislators the story of the "ponytail bandit" earlier this month. It’s a true-crime tale about a man who kidnapped girls and women, dragged them into cemeteries and cut off their hair -- sometimes sexually assaulting them.</p><p>When the man made his way to Lafourche, Webre said, he carried out his basic crime but did not sexually assault anyone.</p><p>"He slipped through a loophole in the sexual-registration law," Webre testified when he was in Baton Rouge during the bill’s first hearing.</p><p>Baldone said the bandit could have been caught earlier if he was registered.</p><p>Rep. Danny Martiny, R-Kenner, said aside from the matter being unconstitutional, the law would give judges too much discretion and, in theory, each bench could rule differently on the same case.</p><p>The lobbyist for the American Civil Liberties Union agreed with the interpretation.</p><p>But Baldone did not.</p><p>He pointed out that California has had the exact same law on the books for 15 years and the Louisiana Attorney General’s Office couldn’t find one relevant case that "had beat it constitutionally."</p><p>Nonetheless, the committee rejected the legislation by a vote of 4-6.</p><p>Unless Baldone can come up with a set of amendments that offer up a compromise, the bill is likely dead for the session.</p>